56554 Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Notices 

a Complaint filed on the same day 

against Seaboard seeking injunctive 

relief and the assessment of civil 

penalties for violations of the Clean 

Water Act (CWA), 33 U.S.C. 1311 et 

seq., and the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA), 42 U.S.C. 9601 et seq., at 

Seaboard’s concentrated animal feeding 

operations (CAFOs) in the states of 

Oklahoma, Colorado, Kansas, and 

Texas. 

Specifically, the Complaint alleges 

that, due to construction activity at its 

Dorman South Sow Farm Site, located 

in Beaver County, Oklahoma, Seaboard 

was required to obtain coverage under 

the National Permit Discharge 

Elimination System (‘‘NPDES’’) General 

Permit for Construction Activities (or 

obtain an individual NPDES permit) and 

to develop and implement a stormwater 

pollution prevention plan. In the course 

of these construction activities, as well 

as construction activities at one or more 

of its other CAFO facilities, Seaboard 

allegedly disturbed greater than five 

acres and discharged pollutants, 

including eroded soil, sediment, and 

other substances associated with earthdisturbing activities, into waters of the 

United States, without a permit, as 

required by the Clean Water Act. 

In addition, the United States alleges 

that Seaboard had releases of ammonia 

emissions in excess of 100 pounds per 

day at its Choate Sow Farm, located in 

Kingfisher County, Oklahoma, as well as 

at one or more other facilities owned by 

Seaboard. The Complaint alleges that 

Seaboard failed to timely notify the U.S. 

Environmental Protection Agency’s 

National Response Center, as required 

by section 103(a) of CERCLA, 42 U.S.C. 

9603(a), regarding these releases. 

The Consent Decree provides for the 

payment of a civil penalty of $205,000 

and requires Seaboard to implement 

stormwater discharge and erosion 

measures at 16 farms, as well as to 

establish and maintain buffer strips 

surrounding sensitive wetland areas at 

17 farms—which are located in 

Kingfisher, Beaver, or Texas County, 

Oklahoma. In addition, for five years 

after entry, the Consent Decree requires 

Seaboard to apply for and comply with 

the terms of the Construction General 

Permit at any new or existing Seaboard 

facility where there is construction that 

disturbs greater than one acre, 

regardless of whether the construction is 

likely to result in a discharge to a water 

of the United States. 

The Consent Decree acknowledges 

that Seaboard has certified its 

compliance with the requirements set 

forth in section 103(a) of CERCLA, 42 

U.S.C. 9603(a) and section 304 of the 

Emergency Planning and Community 

Right to Know Act (‘‘EPCRA’’), 42 

U.S.C. 11004, to report continuous 

releases of certain air emissions from 

listed facilities in Oklahoma, Texas, 

Kansas and Colorado. As such, the 

Consent Decree resolves the civil claims 

of the United States under section 

109(c) of CERCLA, 42 U.S.C. 9609(c), 

and section 325 of EPCRA, 42 U.S.C. 

11045, through the date of lodging, for 

Seaboard’s failure to notify the National 

Response Center, in violation of section 

103 of CERCLA, 42 U.S.C. 9603, and for 

Seaboard’s failure to notify the state 

emergency response commissions and 

local emergency planning committees, 

in violation of section 304 of EPCRA, 42 

U.S.C. 11004, at each of the listed 

facilities. 

Finally, the Consent Decree notes that 

EPA issued a Monitoring Request to 

Seaboard Farms, Inc. (now Seaboard 

Foods LP) and Mission Funding, LLC on 

April 2, 2002, pursuant to section 114 

of the Clean Air Act, 42 U.S.C. 7414, 

directing it to undertake, complete, and 

report upon the monitoring, measuring, 

and estimating of certain air pollutants. 

The Consent Decree resolves any civil 

claims of the United States under 

section 113(b) of the CAA, 42 U.S.C. 

7413(b), for failure to comply with this 

Request, and states that entry of the 

Decree will serve to withdraw the 

Request. In this regard, the lodging of 

this Decree on or before September 15, 

2006, serves to validate a separate Order 

of the U.S. EPA Environmental Appeals 

Board which directly addresses the 

monitoring of air pollutants from 

Seaboard’s facilities, entitled Consent 

Agreement and Proposed Final Order 

for Animal Feeding Operations—

Seaboard Foods LP (August 21, 2006). 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Seaboard Food LP, Civil 

Action No. 06–cv–00989–R; D.J. Ref. No. 

90–5–1–1–07570. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Western District of Oklahoma, 

210 Park Avenue, Suite 400, Oklahoma 

City, OK 73102, and at U.S. EPA Region 

VI, 1445 Ross Avenue, Dallas, TX 

75202–2733. During the public 

comment period, the Consent Decree, 

may also be examined on the following 

Department of Justice Web site, to 

http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611 or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $15.25 (61 pages at 25 

cents per page reproduction cost) 

payable to the U.S. Treasury or, if by email or fax, forward a check in that 

amount to the Consent Decree Library at 

the stated address. 

Thomas A. Mariani, Jr., 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 06–8287 Filed 9–26–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Between the United States and 

Seaboard Foods LP and PIC USA, Inc. 

Under 28 CFR 50.7, notice is hereby 

given that on September 15, 2006, a 

proposed consent decree (‘‘Consent 

Decree’’ between the United States and 

Seaboard Foods LP and PIC USA, Inc. 

was lodged with the United States 

District Court for the Western District of 

Oklahoma (Civil Action Number: 06–

cv–00990–R). 

The Consent Decree would resolve 

claims asserted by the United States in 

a Complaint filed on the same day 

against Seaboard Food LP and PIC USA, 

Inc. (collectively, ‘‘Defendants’’) seeking 

injunctive relief and assessment of civil 

penalties for violations of the Solid 

Waste Disposal Act, as amended by the 

Resource Conservation and Recovery 

Act (‘‘RCRA’’), 42 U.S.C. 6901 et seq., at 

certain concentrated animal feeding 

operations in Oklahoma that are now 

owned and/or operated by Seaboard 

Foods LP and were, at the relevant time, 

owned and/or operated by PIC USA, 

Inc. 

Specifically, the Complaint alleges 

that on June 26, 2001, EPA issued an 

Administrative Order pursuant to RCRA 

7003(b), 42 U.S.C. 6973(b), Order No. 

RCRA–06–2001–0908, to Seaboard 

Farms, Inc. (now Seaboard Foods LP) 

and PIC International Group, Inc., 

concerning the following farms: (a) 

Lacey (a.k.a. Bryan Sow & Norris 

Farms), located in Kingfisher County, 

Oklahoma; (b) Lacey 3 (a.k.a. Watson), 

located in Kingfisher County, 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 71, No. 187 / Wednesday, September 27, 2006 / Notices 56555 

Oklahoma; (c) Lacey 4 (a.k.a. Grimes 

Finisher), located in Kingfisher County, 

Oklahoma; (d) Lacey 6 (a.k.a. Miller) 

located in Kingfisher County, 

Oklahoma; (e) Fairview Nursery 

Complex (Fairview Nurseries 1–4), 

located in Major County, Oklahoma. 

The Order requires the Defendants to 

identify, investigate, and prevent the 

mishandling of any solid waste which 

may present an imminent and 

substantial endangerment to human 

health and/or the environment and to 

ensure that remedial action deemed 

necessary by the EPA be designed and 

implemented to protect human health 

and/or the environment. The Complaint 

alleges that Defendants willfully 

violated, or failed or refused to comply 

with the Administrative Order issued by 

EPA. 

The Consent Decree provides for the 

payment of a civil penalty of $240,000 

and requires Defendants to perform 

various groundwater remediation and 

source control measures (including 

infrastructure repairs, lagoon removals, 

and soil, leachate, and groundwater 

testing and monitoring related to the 

land application of effluent) at the 

above-named farms, as well as the 

Choate Sow Farm, located in Kingfisher 

County, Oklahoma. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Seaboard Foods LP and PIC 

USA, Inc., Civil Action No. 06–cv–

00990–R; D.J. Ref. No. 90–5–1–1–07570/ 

1. Commenters may request an 

opportunity for a public meeting in the 

affected area, in accordance with section 

7003(d) of RCRA, 42 U.S.C. 6973(d). 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Western District of Oklahoma, 

210 Park Avenue, Suite 400, Oklahoma 

City, OK 73102, and at U.S. EPA Region 

VI, 1445 Ross Avenue, Dallas, TX 

75202–2733. During the public 

comment period, the Consent Decree, 

may also be examined on the following 

Department of Justice Web site, to 

http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611 or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $16.75 (67 pages at 25 

cents per page reproduction cost) 

payable to the U.S. Treasury or, if by email or fax, forward a check in that 

amount to the Coastal Decree Library at 

the stated address. 

Thomas A. Mariani, Jr., 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. 06–8288 Filed 9–26–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

Notice is hereby given that on 

September 18, 2006, a proposed consent 

decree (‘‘Consent Decree’’) in United 

States v. Thomasville Furniture 

Industries, Inc. et al., Civ. No. 

6:05CV00001, was lodged with the 

United States District Court for the 

Western District of Virginia. 

In this action, the United States 

sought, under Section 107(a) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (‘‘CERCLA’’), 42 U.S.C. 9607(a), to 

recover costs incurred by the 

Environmental Protection Agency 

(‘‘EPA’’) in performing a drum removal 

action in 1999 at the Buckingham 

County Landfill Superfund Site (‘‘Site’’) 

in Dillwyn, Virginia from Buckingham 

County, a political subdivision of the 

Commonwealth of Virginia, who is the 

current owner and operator of the Site. 

Under the terms of the Consent Decree, 

Buckingham County has agreed to pay 

$186,952 of EPA’s unreimbursed 1999 

Drum Removal Costs of $196,791. This 

represents a 95% recovery of the 1999 

Drum Removal Costs. The County’s 

payments will be made in three 

installments. The first payment of 

$62,318 will occur 30 days after entry of 

the Consent Decree. The next payment 

of $62,317 will occur one year after the 

entry of the Consent Decree, and the 

final payment of $62,317 will occur 

within 2 years of the entry of the 

Consent Decree. Under the Decree, the 

Country will receive a covenant not to 

sue for the 1999 Drum Removal Costs. 

The proposed settlement addresses past 

costs only, and thus the Consent Decree 

reserves all parties’ rights with regard to 

future costs. The attached Consent 

Decree is consistent with the Superfund 

statue and is in the public interest. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Consent Decree. 

Comments should be addressed to the 

Assistant Attorney General, 

Environment and Natural Resources 

Division, P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States v. Thomasville Furniture 

Industries, Inc. et al., Civ. No. 

6:05CV00001. D.J. Ref. 90–11–2–07971. 

The Consent Decree may be examined 

at the Office of the United States 

Attorney, Western District of Virginia, 

105 Franklin Road, SW., Suite 1, 

Roanoke, VA 24011, and at U.S. EPA 

Region III, 1650 Arch Street, 

Philadelphia, PA 19103. During the 

public comment period, the Consent 

Decree, may also be examined on the 

following Department of Justice Web 

site, to http://www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Consent Decree may also be obtained by 

mail from the Consent Decree Library, 

P.O. Box 7611, U.S. Department of 

Justice, Washington, DC 20044–7611 or 

by faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $3.75 (15 pages at 25 

cents per page reproduction cost) 

payable to the U.S. Treasury or, if by email or fax, forward a check in that 

amount to the Consent Decree Library at 

the stated address. 

Robert Brook, 

Assistant Chief, Environmental Enforcement 

Section, Environment and Natural Resources 

Division. 

[FR Doc. 06–8298 Filed 9–26–06; 8:45 am] 

BILLING CODE 4410–15–M 

DEPARTMENT OF JUSTICE 

Bureau of Alcohol, Tobacco, Firearms 

and Explosives 

[Docket No. ATF 19N] 

Commerce in Explosives; List of 

Explosive Materials (2006R–2P) 

AGENCY: Bureau of Alcohol, Tobacco, 

Firearms and Explosives (ATF), Justice. 

ACTION: Notice of List of Explosive 

Materials. 

SUMMARY: Pursuant to 18 U.S.C. 841(d) 

and 27 CFR 555.23, the Department 

must publish and revise at least 

annually in the Federal Register a list 

of explosives determined to be within 

the coverage of 18 U.S.C. 841 et seq. The 


rwilkins on PROD1PC63 with NOTICES